Wage & Hour

  • September 28, 2026

    NJ Biz Groups Seek Delay Of Contractor Classification Rules

    Two New Jersey business groups asked Gov. Mikie Sherrill to hold off for nine months on new independent contractor rules set to take effect Oct. 1, saying the state needs more time to avoid disrupting legitimate contractor relationships.

  • September 28, 2026

    Mich. Recovery Center Worker's OT Claim Headed To Trial

    A Michigan federal court sent a revenue cycle manager's overtime lawsuit to trial Monday, finding factual disputes about whether her employer improperly docked her pay and whether she had enough independence on the job to qualify as an exempt administrative employee under federal wage law.

  • September 28, 2026

    Cushman Workers Win Class Cert. On Second Meal Breaks

    A California federal judge certified a class of Cushman & Wakefield workers who alleged that the real estate services company failed to provide required second meal breaks, finding that time records showed missing second meals on nearly 80% of eligible shifts.

  • September 28, 2026

    Faith-Based Rehab Program Can't Exit Wage Suit, Court Rules

    A Texas federal court allowed a man who was ordered into a faith-based addiction recovery program to pursue wage claims against the program's operators, finding he plausibly alleged participants were treated as employees who performed substantial commercial labor without lawful pay.

  • September 25, 2026

    Aramark Faces Wash. Class Claims Over Noncompete Terms

    Aramark has been hit with a proposed class action in Washington state court accusing the food service giant of failing to provide advanced notice to Evergreen State workers of its noncompete terms and restricting them from taking second jobs, in violation of state law.

  • September 25, 2026

    Dems Press DOD Over Delayed Pay For Trans Troops

    A group of House Democrats is calling on the U.S. Department of Defense to ensure that transgender service members ousted from the military under the Trump administration receive their separation payment.

  • September 25, 2026

    Unpaid Harvard Residence Hall Workers File Wage Action

    Residence hall workers at Harvard University launched a proposed class action Friday claiming the university's "bargain" of free housing for unpaid labor violates Massachusetts wage law.

  • September 25, 2026

    Dems Revive Resolution To Boost Support For Working Moms

    Democratic lawmakers announced Friday that they have reintroduced a resolution calling for expanded paid leave, child care support and other federal policies aimed at helping mothers remain in the workforce and addressing economic disparities facing working moms.

  • September 25, 2026

    Apple Hit With Garnishment Order For $1.69M Wage Judgment

    Apple was ordered Friday by a North Carolina federal judge to cease contract payments to an affiliated repair company that has allegedly failed to pony up a $1.69 million judgment in a wage and hour class action.

  • September 25, 2026

    SF Fights Nurses' Bid To Split OT Trial Into 2 Phases

    San Francisco opposed nurses' request to split a coming overtime trial into separate liability and damages phases, arguing in California federal court that the issues are too closely intertwined under federal wage law to be heard separately and that bifurcation would force witnesses to testify twice.

  • September 25, 2026

    Colo. Benihana Operator Hit With Rest-Break Wage Suit

    A Benihana operator in Colorado denied workers required rest breaks and failed to pay them for time spent working through those breaks, according to a proposed class action filed in state court.

  • September 25, 2026

    Calif. Forecast: Aya Healthcare Wants Wage Arb. Bid Back On

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in Aya Healthcare Services Inc.'s attempt to revive a motion to compel arbitration in a wage and hour suit by travel clinicians. Here's a look at that case and other labor and employment matters on deck in California.

  • September 25, 2026

    NextEra's $9.5M Deal In Wage-Fixing Case Gets Initial OK

    A Maryland federal judge gave preliminary approval to a settlement agreement that would see NextEra Energy pay $9.5 million to resolve class action allegations it conspired with other nuclear energy producers to fix worker wages.

  • September 25, 2026

    Duane Morris To Settle Employee's Tax Withholding Claim

    Duane Morris LLP has agreed to private mediation to settle a proposed class action by an employee who alleged that the firm failed to withhold taxes for workers who were misclassified as partners, according to a notice.

  • September 25, 2026

    High-Pay Exemption Doesn't Doom Ex-Execs' Wage Claims

    Two ex-executives at a wellness beverage company can proceed with wage claims in their suit alleging the company stopped paying their salaries before firing them, with a New York federal judge finding they may have lost their wage-law exemption when their pay fell to zero.

  • September 25, 2026

    Cleveland Clinic Workers Win Notice In Time-Rounding Suit

    An Ohio federal judge approved notice to a proposed collective of Cleveland Clinic workers alleging the health system's time-rounding practices resulted in overtime violations, finding the workers showed a strong likelihood that they were similarly situated.

  • September 25, 2026

    NY Forecast: 2nd Circ. Weighs Political Retaliation Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former employees with the Orange County, New York, Sheriff's Office who claim they were fired because they supported the sheriff's opponent in an election.

  • September 24, 2026

    Tip Law For Cannabis Workers Arrives As Case Count Rises

    A law taking effect in Connecticut next week regarding tipped wages for cannabis employees comes as those workers' tips are often a focus of lawsuits, which attorneys attributed to the industry's rapid growth and regulatory quirks. 

  • September 24, 2026

    Workers Say Pipe Maker Misclassified Them As Exempt

    Five workers a pipe manufacturer hired under engineering titles have told a Texas federal court the company classified them as salaried exempt workers while requiring them to perform the same manual production and field installation work as hourly workers, denying the salaried workers overtime pay owed under federal wage law. 

  • September 24, 2026

    Tipped Worker Bill Would Cost DOL Under $500K, CBO Says

    A U.S. House bill that would permit employers to disregard a worker's duties when considering their tipped status would cost the U.S. Department of Labor less than $500,000 to implement through 2031 and would not affect direct federal spending or revenues, the Congressional Budget Office said.

  • September 24, 2026

    3rd Circ. Eyes 'Compromise' Instruction In Equal Pay Case

    A Third Circuit panel on Thursday appeared to take issue with a district judge's suggestion that a jury "compromise" in reaching a verdict in favor of female teachers who alleged Central Bucks School District paid them less than a male colleague.

  • September 24, 2026

    Ariz. Sheriff's Officers Fight County's Bid To Delay OT Trial

    Patrol lieutenants at an Arizona county sheriff's office urged a federal court to deny the county's request to pause their overtime collective action and seek an early appeal of a decision denying the county's decertification bid, arguing the county is trying to relitigate a ruling it already lost before trial.

  • September 24, 2026

    Ogletree Lands New GC From Cooley In NY

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has tapped Cooley LLP's deputy general counsel to serve as its legal leader, the firm announced Thursday.

  • September 24, 2026

    Oil Field Workers Nab Conditional Cert. In OT Suit

    A North Dakota federal judge conditionally certified a collective of oil field workers who claim two energy services companies paid them day rates without overtime.

  • September 24, 2026

    Mental Health Network Hit With Clinician Misclassification Suit

    A nationwide mental health treatment network misclassified clinicians as independent contractors and failed to pay them for administrative work and overtime, a former nurse practitioner claimed in a proposed collective action filed in Virginia federal court.

Expert Analysis

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.